Massachusetts § 234 - Liability; insurance of railroad and owner

§ 234. Liability; insurance of railroad and owner

Section 234. Every railroad corporation shall be liable in damages to a person whose buildings or other property may be injured by fire communicated by its locomotive engines, and shall have an insurable interest in the property upon its route for which it may be so held liable, and may procure insurance thereon in its own behalf. If held liable in damages, it shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and expense of recovery. The money received as insurance shall be deducted from the damages, if recovered before they are assessed; and if not so recovered, the policy of insurance shall be assigned to the corporation held liable in damages, and it may maintain an action thereon.

For the purposes of this section, the words ''tourist railroad'' shall include any person, railroad, corporation or other entity engaged in ''tourist rail operations''. The words ''tourist rail operations'' shall include all services and activities by a tourist railroad in connection with the transportation of passengers for purposes of tourism or excursions, including, but not limited to, the operation of trains, trackage, and equipment, or the use or maintenance of railroad equipment, tracks, and any pertinent facilities, including equipment, tracks, or facilities of a rail facility provider. The words ''rail facility provider'' shall include any person, railroad, corporation, or other entity providing rail facilities for use by a tourist railroad for purposes of tourist rail operations.

Agreements between a tourist railroad and a rail facility provider for the conduct of tourist rail operations shall provide that the tourist railroad shall secure and maintain a comprehensive general liability insurance policy covering the liability of the tourist railroad and the rail facility providing for any and all property damage, personal injury, bodily injury, and death arising out of any cause whatsoever, regardless of degree of fault, in the performance of such tourist operations. Such insurance policy shall include coverage for employees subject to the provisions of the Federal Employers Liability Act, 45 USC Sec. 51 et seq. Such policy shall name the tourist railroad and the rail facility provider as named insureds shall have policy limits of not less than three million dollars per occurrence and three million dollars in the aggregate and may be subject to a reasonable self-insured retention. In no event shall the tourist railroad or the rail facility provider be liable in excess of the coverage limits of such insurance policy for any and all claims whether compensatory or punitive for property damage, personal injury, bodily injury, or death arising out of such tourist rail operations.